Text of the provision
Art. 2179. When the plaintiff's own negligence was the immediate and proximate cause of his injury, he cannot recover damages. But if his negligence was only contributory, the immediate and proximate cause of the injury being the defendant's lack of due care, the plaintiff may recover damages, but the courts shall mitigate the damages to be awarded.
(n)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
If the plaintiff's own negligence was the immediate and proximate cause of his injury, he cannot recover. But if his negligence was merely contributory, he may still recover — the court simply mitigates the damages.
Related provisions
- Article 2178 — Rules on Fraud and Negligence Apply.
- Article 2180 — Vicarious Liability.
Cases citing this article
- Allied Banking Corporation vs. Bank of the Philippine Islands, G.R. No. 188363, February 27, 2013 — read the decision on LawPhil →
- Lambert S. Ramos vs. C.O.L. Realty Corporation, G.R. No. 184905, August 28, 2009 — read the decision on LawPhil →
- Cresencia Achevara, Alfredo Achevara and Benigno Valdez vs. Elvira Ramos, John Arnel Ramos and Kristine Camille Ramos, G.R. No. 175172, September 29, 2009 — read the decision on LawPhil →
- Flordeliza Mendoza vs. Mutya Soriano, et al, G.R. No. 164012, June 8, 2007 — read the decision on LawPhil →
- Metro Manila Transit Corporation and Apolinario Ajoc vs. The Court of Appeals and Col. Martin P. Sabalburo, Napoleon G. Sabalburo, Martin G. Sabalburo, Jr., Baby Mariflor G. Sabalburo and Mirasol G. Savalburo, G.R. No. 141089, August 1, 2002 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.